The I-829 window is tied to the actual conditional-residence anniversary.
Maintain the immigration calendar independently
Use the 90 days before the second conditional-residence anniversary and assess the evidence required. A delayed sale does not automatically move that window, and submitting I-829 does not itself compel repayment or remove conditions.
Anchor the immigration calendar to the investor's actual admission or adjustment as a conditional permanent resident. Form I-829 is generally filed during the ninety days before the second anniversary of that conditional residence, not two years after investment, petition approval or a projected asset sale. Preserve entry or adjustment records, calculate the window carefully, and gather evidence that capital and job requirements were met under the applicable rules. The commercial exit schedule should be monitored separately for risk and sustainment issues. Regional-center cases begin with Form I-526E, while direct cases use Form I-526; both require lawful source and path, the qualifying capital level and ten full-time jobs. A refinancing delay neither resets the residence anniversary nor authorizes a late petition.
Hypothetical example: A Bégin prefabricated-housing investor becomes a conditional resident months after his regional-center project originally expected to sell land. He calendars I-829 from the residence date, obtains job-creation reports and reviews any revised distribution terms. Even if the land sale moves into another year, he should not move the statutory filing window to match the developer's commercial timetable.